Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court granted a writ of prohibition requested by the West Virginia Department of Environmental Protection (DEP) in connection with an order of the circuit court compelling the DEP to direct Eastern Associated Coal, LLC (Eastern) to provide emergency drinking water, temporary potable water, and, ultimately, permanent water replacement to Respondent-residents pursuant to the provisions of the West Virginia Surface Coal Mining and Reclamation Act (SMCRA). The court held that the prerequisites for mandamus relief were not present in this case because the circuit court lacked the authority to direct the DEP to obtain water replacement for Respondents under the provisions of SMCRA. View "State ex rel. ERP Environmental Fund v. Honorable Warren D. McGraw" on Justia Law

Lawrence Belt had the right to withdraw funds from joint bank accounts owned by Lawrence and Lila Belt during their marriage by virtue of W.Va. Code 31A-4-33.After Lawrence withdrew funds from the joint bank accounts, both he and Lila died. Lawrence’s estate, through his executrix (Petitioner), and Lila’s estate, through her executor (Respondent) disputed the ownership of the funds Lawrence withdrew from the joint accounts. The circuit court split the funds in half to prevent the perceived unjust enrichment of Lawrence’s estate. The Supreme Court reversed and entered judgment in favor of Petitioner, holding that the withdrawals from the joint accounts by both Lawrence during the marriage were proper under section 31A-4-33 pertaining to joint bank accounts with the right of survivorship, an therefore, Lawrence was entitled to the balance of the funds left in the joint accounts by way of survivorship. View "Wakim v. Pavlic" on Justia Law

The Supreme Court reversed the circuit court’s order sentencing defendant for five separate violations of W.Va. Code 61-8C-3. Defendant pleaded guilty to five counts relating to his possession of material visually depicting a minor engaged in sexually explicit conduct in violation of the statute. On appeal, Defendant argued that the circuit court erred when it ruled that Defendant’s possession of five individual VHS tapes containing child pornography subjected him to five separate violations of the child pornography statute. The Supreme Court agreed, holding that, based on the unit of prosecution as set forth by the plain language of section 61-8C-3, Defendant’s possession of five VHS tapes subjected him to one violation of the statute. The court remanded the matter to the circuit court for entry of a new sentencing order. View "State v. Dubuque" on Justia Law

The circuit court erred in granting a preliminary injunction that stopped the implementation of West Virginia’s new “right to work” law - Senate Bill 1, enacted in the 2016 Regular Session of the Legislature.Plaintiffs, several unions, argued that the right to work law was unconstitutional because it was unfair to unions and their members. Defendants, state officials, argued that the law is fair because it protects workers who do not want to join or pay dues to a union. The circuit court imposed a preliminary injunction, ruling that the provisions of Senate Bill 1 would not go into effect until the court ruled on the merits of Plaintiffs’ arguments. The Supreme Court reversed and dissolved the preliminary injunction, holding that the unions failed to establish a likelihood of success on the merits of their constitutional claims. View "Morrisey v. West Virginia AFL-CIO" on Justia Law

The Supreme Court affirmed Defendant’s conviction for kidnapping his ex-girlfriend and his sentence of life without parole. On appeal, Defendant argued that the trial court abused its discretion (1) in allowing the State’s expert witness to present testimony that domestic violence victims are often more compliant with their abusers out of fear, not consent; and (2) by admitting into evidence Defendant’s previous conviction for second-degree domestic assault against the same ex-girlfriend. The Supreme Court affirmed, holding (1) because Defendant failed timely and specifically to object to the expert witness’s testimony, Defendant waived this issue for appellate review; and (2) the district court did not abuse its discretion in admitting into evidence Defendant’s previous conviction. View "State v. Blickenstaff" on Justia Law

Two recently enacted statutes relating to damages - W. Va. Code 55-7-29 and 55-7E-3 - are remedial and apply in a trial conducted after the effective date of the statutes when the underlying facts in the case occurred prior to that effective date.After he was discharged from employment, Plaintiff filed a complaint against his former employer under the West Virginia Human Rights Act claiming that he was unlawfully discriminated against on the basis of race, national origin and/or ancestry. Defendant removed the case to federal district court on the basis of diversity. The district court then certified questions to the Supreme Court regarding the two statutes at issue. The Supreme Court answered the two certified questions in the affirmative and dismissed the matter from the docket of the court. View "Martinez v. Asplundh Tree Expert Co." on Justia Law

Petitioner was convicted of the 2007 murder of his wife and sentenced to life imprisonment without the possibility of parole. The Supreme Court affirmed Petitioner’s conviction, holding that the trial court (1) did not err by refusing to dismiss the indictment returned by the grand jury based upon fraud where the majority of the statements challenged by Petitioner were not fraudulent and the one incorrect statement was not so prejudicial as to invalidate the indictment; (2) did not abuse its discretion in admitting evidence of prior domestic violence, marital discord, and threats made by Petitioner against his wife; (3) did not commit plain error by not instructing the jury on lesser included offenses; and (4) did not err in denying Defendant’ motion for judgment of acquittal where the evidence presented at trial was sufficient to support the jury’s verdict. View "State v. Spinks" on Justia Law

Under W. Va. R. Crim. P. 12(f), if a defendant fails to seek to suppress a confession or other inculpatory statement prior to trial as required under W. Va. R. Crim. P. 12(b)(3), such failure constitutes waiver, absent a showing of good cause.Defendant entered a guilty verdict on a two-count indictment for driving under the influence of alcohol. Defendant appealed, arguing that the circuit court erred in admitting his two of his statements to police into evidence at trial. The Supreme Court affirmed, holding (1) under Rule 12(b)(3), Defendant waived his right to a voluntariness hearing regarding the admissibility of his first statement to the police; and (2) the circuit court did not err in admitting the second statement Defendant made to the police because the record revealed nothing to support Defendant’s argument that the circuit court erred in failing to suppress the second statement due to a violation of the prompt presentment rule. View "State v. Simmons" on Justia Law

Sue Walters filed a lawsuit against Quicken Loans, Inc., alleging that Quicken Loans violated the “illegal loan” provision of the West Virginia Residential Mortgage Lender, Broker and Servicer Act, W. Va. Code 31-17-8(m)(8), in originating a primary mortgage loan for her. A jury found in favor of Walters and awarded her damages in the amount of $27,000. Walters sued additional defendants - an appraiser and the entity that serviced the loan - with whom she settled. In total, the court offset $59,500 of the $98,000 paid by the settling defendants against the total damages, costs and fees awarded against Quicken Loans. The Supreme Court affirmed in part, reversed in part and remanded, holding that the circuit court (1) did not err in allowing the illegal loan claim to go to the jury, as section 31-17-8(m)(8) applies to a single primary mortgage loan; (2) did not err in ruling that Walters was a prevailing party and thus entitled to an award of fees and costs; (3) erred in offsetting only a portion of the settlement monies received from the settling defendants against the total compensatory damages received by Walters. View "Quicken Loans, Inc. v. Walters" on Justia Law

Petitioner appealed an order of the circuit court affirming his magistrate court conviction, after a jury trial, of the offense of domestic assault. In his appeal, Petitioner argued that the magistrate court erred by instructing the jury on the offense of domestic assault when he was charged solely with domestic battery. The Supreme Court affirmed, holding (1) contrary to Petitioner’s contention, domestic assault is a lesser included offense of domestic battery; and (2) the jury instruction on domestic assault was warranted, and the jury was properly instructed on the offense of domestic assault. View "State v. Bland" on Justia Law